General Terms & Conditions for Remote Sales
Thank you for visiting www.comtes-de-provence.fr
The purpose of these General Terms & Conditions is to define the parties’ rights and obligations relating to sales of products on the website www.comtes-de-provence.fr. That website is the property of Agro’Novae Développement, a service vendor with capital of €1,000,000 and head offices located at 11 Espace Saint-Pierre, 04310 Peyruis, France, registered under RCS Manosque 341 897 254, hereinafter referred to as “the company”, and operated by its subsidiary Agro’Novae Industrie, a simplified joint stock company with capital of €800,000, RCS Manosque 338 635 063.
2. GENERAL PROVISIONS
All orders imply the unreserved acceptance of the customer, or the site user, of these General Terms & Conditions. Unless formally accepted by the company in writing, no special terms and conditions will take precedence of the General Terms & Conditions. Any conditions to the contrary defined by the customer will not be binding on the company, save with the latter’s express written acceptance thereof, regardless of when those conditions were brought to its attention. If the company does not enforce any of these General Terms & Conditions at a given time, this shall not be interpreted as a waiver of its right to do so at a later date.
Agro’Novae Industrie may modify the provisions of the General Terms & Conditions at any time. Consequently, the customer is responsible for reviewing the version in effect on the day of order placement on the website. Once published online, such modifications will be binding on the customer and will be applied to any orders placed after their publication. Each purchase made on the website is subject to all the general clauses which are applicable on the date of the order. The customer may only submit an order after having reviewed these General Terms & Conditions and after accepting them by ticking the icon displayed for that purpose. The customer’s submission of an order via the “submission click” has the same effect as a handwritten signature.
The French language takes precedence when using the website www.comtes-de-provence.fr. By accepting the General Terms & Conditions prior to confirming their order, the customer is representing that they have the legal capacity to enter into a contract, as defined by Articles 1123 et seq. of the French Civil Code.
2.2. ORDER PLACEMENT PROCEDURE
When placing your first order, you will need to create a personal account. To do that, you will be asked to enter an email address and a personal password, as well as the personal data needed to fulfil your order, namely including your identity, your postal address, your shipping address if different, your telephone number and the payment method of your choice.
You can pay for your order by bank card (private and professional customers), by bank transfer (private and professional customers) or by cheque (private customers in France only). You must confirm that the card you are using is in fact yours.
Your email address and personal password are proof of your identity and will commit you to any orders placed using them, subject to the exercise of your right of withdrawal, as defined by Article 9 below. They have the value of an electronic signature. Your email address and personal password are your responsibility. You alone will bear the consequences of any usage thereof by third parties who have gained knowledge of them, unless that knowledge is the direct fault of Agro’Novae Industrie.
If you forget your personal password or if you suspect a third party may have knowledge of it, the website provides an option to reset your password. You can use your email address and personal password to access the website at any later time to place your orders.
It is up to you to be give special attention to the information you communicate and the products selected for your order before you submit it. The order placement system allows you to edit or correct any mistakes in your order before you submit it. Agro’Novae Industrie shall not be held responsible in the event of any mistakes you make when placing your order.
3. PRODUCT INFORMATION
A product’s presence on the website does not guarantee that it is available in stock and may require a production run. The product photographs and texts are indications only and are not contractually binding. Consequently, although they are displayed on the website with the greatest care, those photos and texts may still contain errors. In that case, Agro’Novae Industrie shall not be held responsible. Products and prices are valid so long as they are visible on the website. If a gift is unavailable, Agro’Novae Industrie reserves the right to send the customer a gift of similar or greater value.
4. SALES AND PRICES
Proposals made by our agents, over the phone or by email, as well as the offers shown on our website, will only constitute a commitment on our part if we have confirmed them in writing. Only the customer will have the benefits of an order, which may not be transferred without the agreement of Agro’Novae Industrie. No full or partial cancellation of an order will be accepted, save in the extraordinary event of the written agreement of Agro’Novae Industrie, and unless Article 9 applies.
Our proposals are to be understood as making no commitment in terms of time or pricing, as our goods are always charged at the rate in effect on the day of delivery. All our sales are fulfilled for goods taken and certified upon departure from our factories or depots (departure prices), save in the case of a formal written dispensation (on the purchase order or delivery slip and on the invoice).
The prices stated on the website are departure prices, in euros and inclusive of French VAT. Any changes to either the rate or nature of the fiscal and/or parafiscal taxes to which our sales are subject will be applied to the prices already communicated to our customers, as well as to the prices of shipped orders, as from their legal date of application.
Agro’Novae Industrie may modify the presented prices at any time. The data communicated by the customer and saved on the website at the time of order placement constitute proof of the transaction between Agro’Novae Industrie and the customer. After the customer submits the order, Agro’Novae Industrie will send the customer a confirmation email, notifying them that the order has been received, and will then communicate, by any means, confirmation of the order reiterating all of the agreements between the two parties.
Agro’Novae Industrie reserves the right to refuse to make a delivery or honour an order if the customer has not paid for all or part of a previous order, or in the case of an unresolved payment dispute.
5. TURNAROUND TIME
If no date is specified, and if shipping is required, the turnaround time is an average of seven working days (excluding weekends and bank holidays). After shipment, any transport delays cannot be held against us. The timeframes provided are indications only, unless there is a formal commitment on our part.
However, the turnaround time for access to products at our depot, communicated to private customers for the sale of stock products, is firm. It will be mentioned in the order confirmation sent to the customer. The timeframes we provide are also conditioned upon the absence of any force majeure event and any errors committed by the customer, namely due to their failure to meet the payment terms stipulated for the order or to their failure to communicate the information needed for its fulfilment. If the customer postpones the collection, delivery or installation date after the products have been made available, those products will be considered as delivered on the date of availability, and billing will be prepared using that date. As a result, any remaining balance will be immediately payable. Further, we can keep products in our depots for a month after they become available, at our expense. After that time though, the company will have every right to invoice the customer for the cost of storage in our workshops, after sending an official notice by registered letter with acknowledgement of receipt to take possession of the goods.
By express agreement, no late penalties will be applied to us. In any case, on-time delivery is only possible if the customer is up to date with their obligations towards the company, with no exceptions.
6. SHIPPING TERMS
Shipping charges are established in a price quote from the Sales Department and are communicated to the customer at the time of order submission. If requested by the customer, the products are delivered to the address provided during order entry. The customer undertakes to be present at the time agreed with the carrier. If the customer is absent, the charges for the order’s return and re-delivery at a later date or time will be borne by the customer. Our goods always transit at the expense and risk of the customer, who must record the necessary precise observations on the delivery slip in the event of damaged, lost, missing or delayed products, and must then confirm those detailed reservations in a registered letter with acknowledgement of receipt, sent to the carrier within two days of receipt of the products. A copy of that letter must be communicated to us on the day of delivery. If the customer fails to follow these instructions, and if our company were to lose its possibility for recourse against the carrier as a result of that failure, the customer alone will bear the consequences. In the event of a product’s non-compliance with the characteristics indicated in the order, or in the event of a visible defect in the sold products, the customer will have 24 hours from delivery in which to notify the company. After that, any claim will be considered as lapsed. We shall not be liable for any defects resulting from the customer’s clumsiness or improper handling. On the customer’s order, the products transit postage paid and at the customer’s risk. The customer will be responsible for any insurance.
7. WARRANTY & LIABILITY
In the event of a non-compliant delivery, any claim relating to the quality or quantity of the goods sold must be recorded on the delivery slip on the spot and then immediately confirmed in writing. The customer is responsible for providing proof of the observed defects or anomalies. The customer must give Agro’Novae Industrie every opportunity to observe and rectify the defects. The customer will refrain from attempting any corrections and from bringing in a third party for that purpose. In the case of a recognized hidden defect, our warranty is limited to the simple replacement of the defective products, to the exclusion of any compensation for ancillary expenses or in the name of damages. All product returns require the formal written agreement of Agro’Novae Industrie. Any product returned without that agreement will be kept available for the customer and will not give rise to a credit. Return charges are risks are borne by the customer. A return request for any products needing to be returned must be communicated to Agro’Novae Industrie, either by telephone (+33 (0)4 92 33 23 00) or by email (email@example.com). For this request to be handled quickly and correctly, the customer must include their order number, invoice number and complete contact information. All returns must be confirmed by registered letter with acknowledgement of receipt, sent to Agro’Novae Industrie, 11 Espace Saint-Pierre, 04310 Peyruis, France. The customer has 10 days from receipt of a return number in which to return the goods. After that time, Agro’Novae Industrie reserves the right to refuse the goods and send them back to the customer, at the latter’s expense. The products must necessarily be returned in perfect condition, in their original, undamaged packaging. They must be accompanied by their original invoice (with the customer holding on to a copy of it) and by the duly completed and signed return slip. Failing that, Agro’Novae Industrie reserves the right to refuse the products. In that case, they will be returned to the customer, at the latter’s expense.
By bank card: the customer must provide a card number (Visa, Eurocard, Mastercard, etc.) along with its expiry date and the verification numbers on the back of the card. The payment request is routed in real time to the secure remote payment manager SP Plus (from Caisse d’Epargne), which performs various checks to prevent abuse and fraud. In any case, the online communication of a card number and the customer’s submission of the order will constitute proof of the entire order and of the payability of the amounts due for fulfilment of the said order, pursuant to the French Law of 13 March 2000 on electronic signatures.
By bank transfer: the bank details will be provided after selection of this payment method and in the order confirmation email.
By cheque: cheques must be made out to Agro’Novae Industrie, must be issued by a bank domiciled in metropolitan France and must be sent to the following address along with a copy of the completed payment stub and/or purchase order: Agro’Novae Industrie, 11 Espace Saint-Pierre, 04310 Peyruis, France. All cheques are cashed upon receipt.
The applicable delivery lead times are the ones in effect on the date when the cheque is cashed or on the date of receipt of the bank transfer or payment by card via the secure remote payment manager SP Plus (from Caisse d’Epargne) and may therefore differ from the ones indicated at the time of order placement.
Our invoices are payable in cash, undiscounted, to the company’s head offices. In the case of a payment schedule, any delay, no matter how small, will result in the full debt becoming immediately payable in full. Any request for an extension, regardless of payment method, must be duly accepted by the company and will engender late interest in the amount of 2% per month, payable immediately. Further, the amount owed will be increased by 15%, with a minimum of €200, to cover the expenses incurred. That sum will not assume any rights which the company may claim as part of a collections procedure. In the event of a late payment, Agro’Novae Industrie may suspend all orders and deliveries in progress, without prejudice to any other course of action. Any deterioration in the customer’s credit may be used as grounds for demanding guarantees or a cash payment prior to fulfilment of the orders received.
9. RIGHT OF WITHDRAWAL
Pursuant to the provisions of Articles L.121-21 et seq. of French Law 02014-344 of 17 March 2014 on consumption, the customer has 14 days in which to exercise their right of withdrawal from a contract concluded remotely, without having to explain that decision or bear any costs other than those incurred to return the goods. That time begins to run on the date of receipt of the goods by the customer. The products must be returned by post or by carrier, in perfect condition, unused and in adequate packaging, according to the terms and conditions set out above, accompanied by the customer’s bank details, to the following address: Agro’Novae Industrie, 11 Espace Saint-Pierre, 04310 Peyruis, France. A refund is then issued by cheque or bank transfer to the account provided by the customer, within 14 days. If a product is returned damaged, incomplete or broken, it will not be exchanged or refunded. It is clearly specified that this right of withdrawal does not apply to goods made to the customer’s specifications or which have been significantly personalized, or whose nature prevents their return shipment. This is the case in particular of products which have been custom-made at the customer’s request.
The customer must verify the completeness and accuracy of the information provided during order placement, particularly as concerns the shipping address. The customer will receive (by post, email or download) a copy of an order confirmation reiterating the entire order, which the customer should review. If the customer has not notified Agro’Novae Industrie of any errors or omissions by registered letter with acknowledgement of receipt within 48 hours of receiving that order confirmation, the said confirmation will be considered as accepted by the customer, and Agro’Novae Industrie may no longer be held responsible for any errors or omissions. Agro’Novae Industrie shall not be held responsible for any mistakes made by the customer and/or for the customer’s failure to comply with the shipping terms or the appointment they made with the carrier. If applicable, the expenses associated with returning or re-shipping the products will be borne by the customer. Without limiting the scope of the above paragraphs, Agro’Novae Industrie’s liability under these General Terms & Conditions may not exceed a sum equal to the amounts paid – or payable – for the transaction which incurred its liability, regardless of the reason for or the form of the legal action. The customer’s choice of product and decision to purchase it are the responsibility of the customer.
11. USE OF THE TRADEMARK
In accordance with the website’s legal notice, the customer is prohibited from using the trademarks of Les Comtes de Provence, Agro’Novae, Agro’Novae Industrie or Agro’Novae Développement for advertising purposes, save with express written authorization to do so. Likewise, Agro’Novae Développement holds the intellectual property rights for the website and the right to publish the contents of its catalogue. Consequently, the reproduction, use and communication to third parties of any or all of the contents of the website or the catalogue, on any media whatsoever, are strictly prohibited.
12. RETENTION OF OWNERSHIP
Agro’Novae Industrie reserves the ownership rights to any delivered products and goods up until payment in full has been made for all the sales entered into under these General Terms & Conditions. To invoke the present clause, Agro’Novae Industrie will simply have to communicate its formal intention of having the goods returned to it, by means of a registered letter with acknowledgement of receipt sent to the customer or to the customer’s agent, as the case may be. Nonetheless, it is expressly specified that, save in the case of application of the warranty clause laid down in Article 7 above, the customer will be responsible for the delivered goods upon their physical handover to the customer, with that transfer of possession entailing a transfer of the associated risks. As a result, the customer must take every step, including any and all insurance if applicable, to compensate for the potential partial or total destruction of the goods, regardless of the cause.
13. FORCE MAJEURE
Agro’Novae Industrie shall not be held liable in the event of non-fulfilment of any or all of its obligations due to a force majeure event or other extraordinary circumstances. Pursuant to the provisions of Article 1148 of the French Civil Code, force majeure requires a context which is both unforeseeable and compelling. The following are expressly considered to be force majeure events:
– Strikes, and particularly transport, communication and postal strikes; regulatory restrictions; terrorist attacks; etc.;
– Flood, fire, lightning strike, natural catastrophe, etc.
14. ASSIGNMENT OF JURISDICTION
In the absence of an amicable resolution, all disputes, regardless of cause, will come under the sole jurisdiction of the courts of Manosque, including in the case of the introduction of third parties or of multiple defendants, and this, notwithstanding any clauses to the contrary. These General Terms & Conditions will be executed and interpreted in accordance with French law.
15. FRENCH DATA PROTECTION ACT
Pursuant to the French Data Protection Act no. 78-17 of 6 January 1978, the customer has the right to access and correct their personal data and may exercise that right by sending an email to firstname.lastname@example.org or by writing to Agro’Novae Industrie at 11 Espace Saint-Pierre, 04310 Peyruis, France; telephone: +33 (0)4 92 33 23 00 / fax: +33 (0)4 92 33 23 08.
16. PERSONAL DATA PROTECTION
Agro’Novae Industrie draws your attention to the need to take appropriate measures, like firewalls and antiviruses which are updated regularly and correctly configured, to protect yourself as effectively as possible against intrusions, attacks and viruses and thereby guarantee the availability, integrity and confidentiality of the information sent to the website.
17. PARTIAL NULLIFICATION
If one or more stipulations of these General Terms & Conditions are found to be invalid or declared as such by virtue of a law or regulation or following a final decision rendered by a competent court, the other stipulations will retain their full force and scope.